Spouse visa renewal and Maternity leave.

[FashionPoke]

Hi, I would like some advice or help please. I have a list of questions relating to our situation. Please could you take some time to answer them? My husband got his visa and joined me in the UK in Nov 2014, however unfortunately he lost this visa in December coming back from a job interview. Police report was filed and he was reissued another one. Ofcourse he had to do his biometrics again, this was in January 2015.
He has to renew his visa in June 2017, however I'm currently on maternity leave which ends in April 2017, as this is very close to the expiration date of his visa, how soon can we apply before his visa runs out. We were thinking of submitting his application form in March, will this be OK or too soon.

We are currently living with my mum during my maternity leave for help with the baby as it's our first time as parents. Please can you answer the following questions and advice accordingly:
We currently have a child born in the UK. So he will be classified as British as I am British, will my husband's application be as a single applicant or does he have to include our son? I'm guessing not because our son will not be applying for visa. Is this correct?

As this is a renewal spousal visa, does he have to enrol his biometrics again? Or can he use his old one done in January 2015? Likewise, will he need to redo English test and redo TB test?
He has his BSC degree and NARIC comparative letter has been received but this was done 3years ago. Can we still use this letter.

Can someone else sponsor spousal visa other than the spouse, but a family member? Can there be more than 1 sponsor? I only ask because my maternity leave will be ending just as the visa is being renewed, and because of childcare I'll have to work part-time which might reduce my pay to about 16k from 21k. Will they take my maternity leave into consideration?

Section 6.33 of the a spousal visa extension form asks if we have any shared financial responsibility. Does this include our child? Or is this specific to things like mortgage, loans etc?

Section 7.1 of the application form states that children who are British citizen do not need to be considered when calculating the financial requirements. Does this mean our household income can be 18,600? Because it will be a single application form just for my husband?


Do we have to provide evidence of our relationship again( I.e pictures, phone records, email communications etc) or just our marriage certificate and pictures.

We are staying with my mum who lives in a 2 bedroom house ( 1double and one single room). However there has been some changes to the house in that the living room is now a 3rd bedroom (double room) and the conservatory is the living room. My mum and sister live with us. Will this be OK? Even though the deed still says 2 bedroom. Will we have to change the deed to say 3 bedroom? Or can my mum include a note stating this? With pictures of rooms as evidence.

After this renewal is the next application for ILR, because he would have been here 5years.
Is there any benefit to doing the life in the UK test now?

I appreciate I've asked alot of questions, but the form is confusing and our situation is somewhat different. Thank you for taking the time to read and in answering my questions. Your advice is greatly appreciated.

[secret.simon]

because of childcare I'll have to work part-time which might reduce my pay to about 16k from 21k.

I would be cautious about this as this may cause issues when your husband is due for his ILR.

One of the conditions of his spouse visa is that the spouse settled in the UK (you) earns more than £18,600. Periods of maternity leave are normally excluded, but post maternity leave, you will need to meet the earnings requirements. You may want to look into hiring childcare or making some childcare arrangements within the family.

Section 325 of the Housing Act 1985 states;

325 The room standard.
(2)For this purpose—
(b)a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.

It is worth reading the whole Part X of that Act that defines overcrowding, which is an summary offence.

[CR001]

He has to renew his visa in June 2017, however I'm currently on maternity leave which ends in April 2017, as this is very close to the expiration date of his visa, how soon can we apply before his visa runs out. We were thinking of submitting his application form in March, will this be OK or too soon.

Be careful of not applying too early that he ends up with a shortfall and requires another extension before ILR. If applying by post, March should be fine.

We are currently living with my mum during my maternity leave for help with the baby as it's our first time as parents. Please can you answer the following questions and advice accordingly:
We currently have a child born in the UK. So he will be classified as British as I am British, will my husband's application be as a single applicant or does he have to include our son? I'm guessing not because our son will not be applying for visa. Is this correct?

Your son is not included but you do have to mention children in the appropriate section of the form.

As this is a renewal spousal visa, does he have to enrol his biometrics again? Or can he use his old one done in January 2015? Likewise, will he need to redo English test and redo TB test?
He has his BSC degree and NARIC comparative letter has been received but this was done 3years ago. Can we still use this letter.

He has to enroll biometrics for each and every application he makes, so yes, he will have to do it again. No to TB test. He needs to prove his English again, either ELA from NARIC or A2 English test (changes to A2 in October this year from A1).

Can someone else sponsor spousal visa other than the spouse, but a family member? Can there be more than 1 sponsor? I only ask because my maternity leave will be ending just as the visa is being renewed, and because of childcare I'll have to work part-time which might reduce my pay to about 16k from 21k. Will they take my maternity leave into consideration?

This party sponsorship is NOT permitted. You/spouse has to meet the financial requirement. If he works and earns the required £18,600pa, he can use his income to meet the requirement.

Section 6.33 of the a spousal visa extension form asks if we have any shared financial responsibility. Does this include our child? Or is this specific to things like mortgage, loans etc?

Any shared financial responsibility.

Section 7.1 of the application form states that children who are British citizen do not need to be considered when calculating the financial requirements. Does this mean our household income can be 18,600? Because it will be a single application form just for my husband?

Yes, but not overall household (ie. you and mum/sister), it has to be YOU/HUBBY income only.

Do we have to provide evidence of our relationship again( I.e pictures, phone records, email communications etc) or just our marriage certificate and pictures.

No, not communication stuff. Have you read the FLR(M) form yet? Page 64 gives examples of what HO want see. Documents proving cohabitation for the last two years from 6 different sources spread evenly throughout the period.

We are staying with my mum who lives in a 2 bedroom house ( 1double and one single room). However there has been some changes to the house in that the living room is now a 3rd bedroom (double room) and the conservatory is the living room. My mum and sister live with us. Will this be OK? Even though the deed still says 2 bedroom. Will we have to change the deed to say 3 bedroom? Or can my mum include a note stating this? With pictures of rooms as evidence.

After this renewal is the next application for ILR, because he would have been here 5years.
Is there any benefit to doing the life in the UK test now?

He can do it whenever as the LIUK test does not expire.

You are aware of course that he will also have to pay the £500 Immigration Health Surcharge PLUS the £811 postal or £1311 in person visa application fee.

[FashionPoke]

Thank you Secret Simon and CR001 for your reply.
Yes, I am aware of the national health in immigration fee of £500.
So, from what you've said, it appears it'll be better for me to stop receiving maternity pay now and go back to work full time where I can earn 19k plus.
Because I went on maternity leave in April 2016 my payslips will reflect getting less as I get £830 every month. HO have asked for 6 to 12 months payslip. Im worried my maternity pay will affect us. Prior to this I was earning £1700 before tax. I'm really confused on the best approach to take. My husband is working but he doesn't have a permanent position yet. He works as a TA but with a teaching agency. So work is not always guaranteed. Can I still include his income? Even though it's not a regular income.

Regarding the accommodation, are you saying the changes to the property will suffice? And not be regarded as overcrowding. I have read the housing Act but the English is somewhat confusing

[Obie]

What is you husband working in the UK?

[FashionPoke]

It's stated in my reply above. He works as a TA (teaching assistant) with an agency. As this is only as and when he is needed, Other times he does factory work also with an agency.

[Obie]

Oh, my attention was on your initial post, which tends to change at times.

Even though your husbands wages is not fixed, it can nevertheless be counted towards the requirement.

If that does not work, then your husband will have to rely on EX(1), which exempts him from qualifying for ILR after the next renewal, but he will be exempted from the financial requirement, and given another 30 months visa.

[FashionPoke]

Thanks Obie, it's probably best to just add his income regardless of how less it is. Could you please shed some light on the overcrowding and accommodation question?

Is it better for me to stop receiving maternity pay now and go back to work? Or will the HO take into account I've been on mmaternity leave. I'm not sure how to proceed. If I have to go back to work it means I have until September 2016 to get a job as I'll need to have 6 months payslip by March 2017

[CR001]

Guidance on Overcrowding (click)

[Casa]

If you are on maternity leave, hasn't your employer kept your job open for your return?

[FashionPoke]

Hi Casa, Yes they have. I can go back to work whenever I'm ready. But like I mentioned I'm staying with my mum for my maternity leave. If or when I return to work, it will mean getting a place to rent. Which means we won't have enough evidence for bills in joint name etc for the application for the place we'll rent.

[SoHopeful]

You can sponsor your husband whilst on maternity leave! You just need to provide the information from 6 months PRIOR to mat leave and ensure the employment letter states this. Please read the FM-SE document as it states exactly what needs to be submitted.

And as mentioned you need to think about ILR so my suggestion would be if your husband would have been in the UK for 30 months whilst you are still on mat leave then apply then using the info as I mentioned above. That way it won't matter if you decide to return to work part time for a while. You will have another 18 months-2 years before needing to work full time again. If your husband does not reach the 30 month mark until you have returned to work - could you stick it out full time until he needs to renew?

You would need to be clear about your Mum's property and might be worth getting a property inspection report to provide impartial evidence.

[FashionPoke]

Hi Sohopeful, thanks for your reply. My husband entered the UK In Nov 2014, although his initial visa was issued in September 2014. However, as mentioned before, he lost his visa and passport and was reissued another one in May 2015.
So his visa states issued in May 2015. Do we start counting from the date he stepped into the UK in 2014 or the date his visa was issued in September 2014.
If we start counting from Nov 2014 then it means he would only have been in the UK for 28 months by the time we decide to apply in March 2017. May 2017 would be 30 months, but his visa expires in June 2017. Applying in May just seems too late considering his visa expires in June.

[CR001]

You count from the date he ENTERED the UK and he should apply closer to the expiry date otherwise he will end up with a shortfall and will have to apply for another extension to cover a couple of months before he can apply for ILR.

[FashionPoke]

OK. Thanks CR001

[SoHopeful]

Just remember that you have until literally the day the visa expires to apply for the renewal. Obviously better to try to get it done in good time - especially for the sake of your sanity lol.

[FashionPoke]

Lol my sanity is already being tested. This visa application is so stressful

[SoHopeful]

From what you have said I would try to time the application so you get the employment letter confirming mat leave before you go back part time. Do you accumulate annual leave during mat leave also? Would that extend your leave at all? If you could also do a same day appointment with that info you could then return to work part time...